Bullock Electric & Mfg. Co. v. Westinghouse Electric & Mfg. Co.

Citations

• 129 F. 105
• 63 C.C.A. 607
• 1904 U.S. App. LEXIS 4028

Syllabus

<p>L Contempt — Violation of Injunction — Nature of Proceedings to Punish.</p> <p>The willful violation of an injunction by a party to the cause is a contempt of court, which constitutes a criminal misdemeanor, and the proceeding to punish therefor is in its nature a criminal proceeding, entirely independent and distinct from the suit in which the injunction decree was entered, and a judgment of conviction therein is reviewable by writ of error, and not by appeal.</p> <p>2. Same — Review—Jurisdiction of Circuit Court of Appeals.</p> <p>A judgment of a Circuit Court imposing a fine on a party for contempt for the violation of an injunction is a judgment in a criminal case, and if unconditional and absolute, so that nothing remains but to execute it, is final and reviewable by the Circuit Court of Appeals on a writ of error.</p> <p>3. Contributory Infringement.</p> <p>The making and selling of a single element of a patented combination, with the purpose and expectation that such element should be sent to a foreign country and be there used in combination with other elements, or in the practice of a method covered by the patent, is not contributory infringement, inasmuch as there was no intent that the element should be put to an infringing use; the protection of the patent not extending beyond the limits of the United States.</p> <p>4. Patents — Injunction .against Infringement — Acts Constituting Infringement.</p> <p>A preliminary injunction was granted restraining the defendant in an infringement suit from “the making, using, or selling of any apparatus embodying the inventions recited or specified” in the claims of three patents. The first two covered combinations of mechanical elements, one element in each being a motor which operated by the method of the third patent, covering such method alone. Pending the suit defendant made and shipped to a customer in Canada the motor of the patent, with the expectation and intent that it would be there used in the devices of